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Special Task Force for Women Incarcerated in Oklahoma : created by S.B. 810 of 2003 legislative session : report to the Governor, President prop tempore of the Senate, and Speaker of the House of Representatives.

W 4000.3 R425s 2004 c. 3
State of Oklahoma
Report of the
Special Task Force for
Women Incarcerated
in Oklahoma
created by SB 810 of 2003 Legislative Session
January 2004
State of Oklahoma
Special Task Force for
Women Incarcerated in~. Oklahoma
(Created by S.B. 810 of 2003 Legislative Session)
REPORT
to the
Governor
President Pro Tempore of the Senate
and
Speaker of the House of Representatives
January 5, 2004
Mary Fallin
Lieutenant Governor
State of Oklahoma
Office of the Lieutenant Governor
Oklahoma City
January 14,2004
The Honorable Governor Henry, President Pro Tempore Hobson, and Speaker Adair:
As required by Senate Bill 810 the Special Task Force on Women Incarcerated is
transmitting this report that was agreed upon by a majority of the members. Although it
is important to note that not all of this report received universal support, I want to take
this opportunity to commend the efforts and input of all task force members, the many
concerned Oklahomans who voiced their opinions throughout the process, and the staff of
the Oklahoma Criminal Justice Resource Center that dedicated a tremendous amount of
time and expertise. Also, I would be remiss if I did not specifically give thanks to the
leadership that Senator Dick Wilkerson provided as Vice-Chair.
Respectfully,
Mary Fallin
Lieutenant Governor
Chair
2300 North Lincoln Blvd.• Room 211. State Capitol Building. Oklahoma City. Oklahoma' 73105-4890 • (405) 521-2161 • FAX(405) 525-2702
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TABLE OF CONTENTS
General Introduction 1
Findings and Recommendations: 3
Introduction;
The Present Criminal Justice System: Findings and Conclusions; 5
Recommendations for Change 7
Opening Statement of Underlying Idea
A. Diverting Women from Becoming Offenders 7
Part One: Mental Illness
Part Two: Physical and Sexual Abuse and Domestic Violence
Part Three: Background Factors for Female Drug Users
B. Alternatives within the Criminal Justice System 10
Part One: Costs: Incarceration vs. Drug Court and Community
Sentencing
Part Two: Methamphetamines and Intensive Treatment
C. Rehabilitative Efforts while Offenders are Incarcerated 13
D. Reintegration Efforts after Incarceration. 14
Appendix A: 15-22
List of References
Definitions of Terms
AppendixB:
SB 810
Meeting Notices/Agendas
Minutes
Documents Distributed
23-340
This publication, printed by the Department of Central Services, Central Printing Division, is issued by the Commission on
the Status of Women as authorized by Section 669 of Title 74 of the Oklahoma Statutes and Section 2 of Senate Bill 810 of
the 2003 Legislative Session. Four Hundred Twenty-five (425) copies have been prepared and distributed at a cost of
$4,896. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries.
Report of the Special Task Force for Women Incarcerated in Oklahoma
GENERAL INTRODUCTION
Senate Bill No. 810 of the 1st Session of the 49th Oklahoma Legislature (2003) created
the Special Task Force for Women Incarcerated in Oklahoma. A copy of SB 810 is
included in Appendix B to this Report.
• Hon. Mary Fallin, Lieutenant Governor
• Senator Daisy Lawler, appointed by the President Pro Tempore of the Senate
• Senator Dick Wilkerson, appointed by the President Pro Tempore of the Senate
• Rep. Ron Kirby, appointed by the Speaker of the House of Representatives
• Rep. Barbara Staggs, appointed by the Speaker of the House of Representatives
• Hon. Linda Morrissey, Tulsa County District Court Judge, designee of the
Director of the Oklahoma Criminal Justice Resource Center
• Suzanne McClain Atwood, Executive Coordinator, District Attorneys Council
• Debbie Mahaffey, designee of the Director of the State Department of Corrections
• Jean Derry, designee of the Director of the Oklahoma Department of Human
Services
• Debbe Leftwich, Chair, Oklahoma Commission on the Status of Women
• Bernice Mitchell, Vice-chair, Oklahoma Commission on the Status of Women
Pursuant to SB 810, the following 11 persons served as members:
The Task Force met in open meeting nine times at the State Capitol: July 9, July 30,
August 20, September 10, October 1, October 22, November 12, December 2-3, and
December 17, 2003. Notices and agendas were posted in advance at the meeting place
and filed with the Secretary of State. The general public was afforded the opportunity to
comment at Public Forums that were included on the agendas for July 30, August 20,
September 10, October 1, October 22, and November 12. Copies of the notices and
agendas are included in Appendix B to this Report, as are Minutes of the meetings.
At the first meeting, July 9, 2003, the members elected Lt. Gov. Fallin as Chair and Sen.
Dick Wilkerson as Vice-chair.
As directed by SB 810, the Oklahoma Criminal Justice Resource Center staffed the Task
Force, under the direction ofK.C. Moon, Director. However, several other agencies and
organizations and their leaders also provided substantial and essential information,
including the Departments of Corrections, Human Services, Mental Health & Substance
Abuse Services, the District Attorneys Association, the Oklahoma Indigent Defense
System, and the Vera Institute of Justice. Drs. Susan Sharp, Susan Marcus-Mendoza, and
Stephanie Covington graciously provided their expertise. The Task Force also benefited
from the interest, comments, and suggestions of representatives of numerous other
organizations and the general public.
This Report, including Appendices A and B, may be viewed on the Internet web site of
the Oklahoma Criminal Justice Resource Center: http://www.ocjrc.netlPublications.asp
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FINDINGS AND RECOMMENDATIONS
of the
Special Task Force for
Women Incarcerated in Oklahoma
Introduction
The mISSIOn of the Special Task Force for Women Incarcerated in
Oklahoma as mandated in Senate Bill No. 810 of 2003 was to determine
the causes of Oklahoma's high female incarceration rate. Oklahoma's
female incarceration rate of 131 per 100,000 female population is 143%
higher than the U.S. average and has led the nation at least since 1993.
Research reviewed by the Task Force suggests that the following findings
are possible causes of Oklahoma's high female incarceration rate.
• Oklahoma's 2001 total female arrest rate was 54% higher than
the U.S. total female arrest rate and has increased by 25% since
1990.
• States such as Maine, Minnesota, Missouri, and Arkansas have
higher total female arrest rates and Uniform Crime Report
Index arrest rates than Oklahoma. However, their female
incarceration rates are between one-half and one-tenth of
Oklahoma's rates.
• The largest discrepancy between Oklahoma and other states in
the area of female arrests and incarceration is in drug-related
cnmes.
• Oklahoma's 2001 female drug arrest rate was 116% higher than
the U.S. female drug arrest rate and has increased by 152%
since 1990.
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Report of the Special Task Force for Women Incarcerated in Oklahoma
• Oklahoma's percentage of prison receptions due to drug
possession is twice the national average at 27.5% for females
and 18.2% for males. The U.S. average is 12.9% for females
and 8.9% for males.
• Females in Oklahoma experienced a 125% increase in the
number of prison receptions for drug crimes from 1990-2002.
• Low incarceration states spend more for state-supported alcohol
and other drug abuse treatment programs than high
incarceration states. Oklahoma's per capita expenditure for
state-supported alcohol and other drug abuse treatment
programs at $6.06 is 117% less than the U.S. average at $13.17.
• There is a link between lower probation spending on offenders
and higher female incarceration rates. States that incarcerate
the most women spend consistently less than average on
probation costs. Oklahoma spends $2.04, half the U.S. average
of$4.37 for probation/parole cost per offender per day.
• There is a correlation between lower spending on judicial and
legal services and higher female incarceration rates. States that
incarcerate the most women spend consistently less than
average on courts, prosecutors, and criminal defense.
Oklahoma spends 71% less than the U.S. average.
Irnl 'r~:;:.~:~:~~~~-'c-.~-c-¥--l"-------------------
4
Report of the Special Task Force for Women Incarcerated in Oklahoma
The Present Criminal Justice System:
Findings and Conclusions
Finding 1:
Finding 2:
Finding 3:
Finding 4:
Finding 5:
Finding 6:
Finding 7:
Finding 8:
The Task Force finds no bias against women in statewide
felony sentencing practices.
Although the Oklahoma female prison incarceration rate
of 131 per 100,000 female residents in 2002 is the
highest in the nation, females comprise 10% (2,363 of
23,006) of the prison population as of June 30, 2003.
[4A, pp. 2 and 31]
Oklahoma females sentenced to prison are not likely to
be first-time offenders. [4A, p. 26]
Females were about half as likely as males to be
sentenced to prison, and among all felony sentences
given, the sentences of females were slightly shorter (11
months) than the sentences of males. [4A, pp. 15 and 18]
Oklahoma has increased the time served by violent
offenders. [lA, page 16; 4A, page 18]
By using drug courts and probation more frequently for
women, the Oklahoma criminal justice system is at least
partially recognizing the special needs and lesser risk
posed by female offenders. [2A]
Females represent 10% of the prison population, yet they
are 21.6% of the inmates granted parole or commutation.
[4A, p. 31]
Incarceration of females often costs more than
incarceration of males for two reasons: (1) females are
more likely to need medical care in prison, and (2)
female inmates are more likely to be custodial parents,
and society pays more to care for their children. All told,
taxpayers spend 31% more to lock up the average female
than the average male. [8C and 8D]
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Report of the Special Task Forcefor Women Incarcerated in Oklahoma
Finding 9: A 2002 survey by the Oklahoma Department of
Corrections (DOC) documented the following
characteristics of female inmates (information was self-reported
by inmates):
a. 30% do not have a high school diploma or GED;
b. 81% have children;
c. 25% are currently married;
d. 71% had been in an abusive relationship;
e. 35% were sexually abused as a child, and 29%
were physically abused as a child;
f. 48% had received social assistance; and
g. 75% were incarcerated for drug and non-violent
cnmes.
Finding 10: Children of women in the criminal justice system are
often at risk.
Conclusion 1: The present system is working to protect the public by
keeping violent offenders, including the small number of violent
female offenders, in prison.
Conclusion 2: Oklahoma needs a comprehensive study to address the
funding and exercise oversight of the care of children of women in the
criminal justice system.
Conclusion 3: The present system is utilizing alternatives to
incarceration of women, but recommendations for change in policies,
both in and outside of the system, are warranted as shown in sections
A through D below.
Report of the Special Task Force for Women Incarcerated in Oklahoma
Recommendations for Change
Underlying the following set of recommendations is the idea that
meeting the state's public safety obligations to its taxpayers and
citizens requires a systematic approach to criminal justice that:
recognizes that many of Oklahoma's female offenders share
commonalities that we, as a state, should work to alleviate,
utilizes and maximizes all tools within the community and criminal
justice system available to deal with female offenders, and
better prepares incarcerated women, pre-release and post-release,
for surviving on the outside without re-offending.
A. Diverting Women from Becoming Offenders
Part One: Mental Illness
Finding A-I-I:
Finding A-I-2:
Finding A-I-3:
Fifty percent of women incarcerated in Oklahoma
have a history of, or are currently exhibiting, some
form of diagnosed mental illness - nearly twice the
rate for male prisoners. [X2, X8]
Of the women with mental illness sent to prison,
68.3% were incarcerated for non-violent crimes.
[X2, X8; for meaning of "non-violent crime" see
Defmitions in Appendix A]
The population of women in jails and prisons in
Oklahoma has markedly increased while the
population of persons institutionalized under the
supervision of the Oklahoma Department of
Mental Health and Substance Abuse Services
(DMHSAS) has dramatically declined. [X8, 8D,
and IF, page 3.]
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The use of psychotropic medications by DOC in
the last five years has doubled. [X2]
Report of the Special Task Force for Women Incarcerated in Oklahoma
Finding A-1-4:
Recommendation A-I-I: Oklahoma needs a comprehensive study of
the mental health needs of women, the mental health services
available to women in this state, the mental health services that should
be provided to women incarcerated, and the prospects for utilizing
mental health courts as an additional sentencing option.
Part Two:
Finding A-2-1:
Finding A-2-2:
Finding A-2-3:
Physical & Sexual Abuse and Domestic Violence
Two of every three women in the criminal justice
system report a background of childhood physical,
sexual, emotional, or economic abuse and two of
three report having been victims of domestic
violence as adults. [SA, X4, X9]
Many women report, because of lack of awareness
of the dynamics of domestic violence, being
reluctant to make official complaints.
Many women who make domestic violence
complaints want to drop them upon realizing that,
lacking funds, education, and job experience, they
have no apparent means of survival outside of the
troubled domestic situation.
Recommendation A-2-1: The Task Force strongly encourages police
and district attorneys to vigorously investigate domestic violence and
pursue prosecutions, including the use of expert witnesses, even in
situations where the complainant becomes reluctant to testify or asks
that the matter be dropped.
Recommendation A-2-2: The Oklahoma Department of Mental
Health and Substance Abuse Services should work with the
Department of Education and other agencies to educate, protect, and
empower victims of domestic violence and to encourage prosecution
of offenders.
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8
Report of the Special Task Forcefor Women Incarcerated in Oklahoma
Recommendation A-2-3: The Administrative Office of the Courts
should emphasize educational opportunities for the judiciary on the
subject of domestic violence and on managing female offenders.
Part Three: Background Factors for Female Drug Users
Finding A-3-1:
Finding A-3-2:
Finding A-3-3:
Finding A-3-4:
The total adult female drug arrest rate for
Oklahoma increased by 152% from 1990 through
2001. [4A, p. 10]
Oklahoma's high correlation between increases in
arrests of females and increases in imprisonment
of females seems to be isolated to drug-related
offenses. [4A, pp. 12 and 20]
There is little evidence that sanctions without
treatment deter drug-addicted offenders from re-offending.
When compared with other states, Oklahoma
underutilizes jail sentences as an intermediate
punishment between probation and imprisonment
for female offenders: Oklahoma uses jail
sentences for felony offenders at half the national
percentage. [4A, p. 14; 8A; 8B]
Recommendation A-3-1: Policymakers should consider enhancing
treatment for offenders who are addicted to drugs or alcohol.
Policymakers may need to develop creative and effective alternatives
to imprisonment, as well as enhance treatment services within prisons
and jails.
Iml Ir~II..~!~;~~'i~tg~i!,:;:(1~-n-<--!---------------------------------------------
9
Report of the Special Task Force for Women Incarcerated in Oklahoma
B.Altematives within the Criminal Justice System
Part One: Costs:
Finding B-1-1 :
Finding B-1-2:
Finding B-1-3:
Finding B-1-4:
Finding B-1-5:
Finding B-1-6:
Incarceration vs. Drug Court and
Community Sentencing
Nationally, 70% of incarcerated women have
minor children and 10% of those children wind up
in foster care. [X5, from Bureau of Justice
Statistics (BJS)]
In Oklahoma, about 1,000 minors are currently in
foster care because the mother is incarcerated.
[Statements by officials of the Oklahoma
Department of Human Services (DHS) on several
occasions; 8D]
The state's cost per year for a child in foster care is,
at a minimum, $4,100. [Derived in preparation of
8D]
Incarceration of a female typically has much more
substantial destructive impact on families than
incarceration of a male. [X4]
Of the 557 female drug offenders sent to prison in
2001, 307 (57.9%) were convicted of possession
and 185 (28%) were convicted of distribution.
Fourteen (2.0%) were convicted of trafficking and
17 (4.8%) were convicted of manufacturing. [2B]
There is wide disparity among criminal justice
experts as to the percentage of women offenders
that need to be in prison to protect the public
safety. For example, wardens and other prison
officials say only 20% to 25% of female inmates
need to be there to protect the public. [Comments
at X3]
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10
Report of the Special Task Force for Women Incarcerated in Oklahoma
Finding B-I-7: 79.9% of women imprisoned in Oklahoma are
serving sentences for non-violent crimes. [II]
Finding B-I-8: The re-arrest rate for female drug court graduates
is 14.2% whereas the re-arrest rate for female
traditional probation offenders is 31%. [3B]
Finding B-I-9: The prison cost per year for female offenders in
Oklahoma is $19,847 per offender (about 10%
higher than for male offenders) whereas drug court
and community sentencing alternatives cost one-fourth
that amount or less. [3C; 8C]
Finding B-l-l 0: Current funding at about $2,000 per offender for
drug court and $1,100 per offender for community
sentencing, which is less than actual cost, is
limiting the use of drug courts and community
sentencing. If fully funded, these options could
handle offenders with more needs and many who
are otherwise prison bound.
Finding B-l-ll : The Oklahoma Sentencing Commission recently
completed an analysis of alternatives to
incarceration and provided the Legislature with a
set of sentencing recommendations. [2C]
Recommendation B-l-l: More drug courts should be established and
expanded.
Recommendation B-I-2: The state should fund expansion and
establishment of drug court services as rapidly as DMHSAS can
certify that qualified drug treatment providers are available to support
new drug court services.
Recommendation B-I-3: The state should continue to fund efforts to
find, perfect, and utilize assessment tools that can determine more
accurately the kind and level of treatment to which substance-abusing
women are likely to respond.
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Drug court data shows that, although alcohol
(39%) still is the addictive substance most often
used by men in Oklahoma, for women,
methamphetamine (37%) is the drug of choice.
For persons sentenced to prison for controlled
dangerous substance (CDS), methamphetamine
was the predominant drug type for both males
(51%) and females (60%). [2A, p.6; 4A, p. 22]
Report of the Special Task Force for Women Incarcerated in Oklahoma
Recommendation B-1-4: The Legislature should consider removing
any barriers that prevent judges from sentencing offenders convicted
of the lesser drug-related offenses to drug court.
Recommendation B-1-5: To the extent that resources are available,
female offenders who have been convicted of the lesser drug-related
offenses should be channeled into drug court and community
sentencing programs, when appropriate, rather than be sent to prison
or placed on traditional probation.
Part Two: Methamphetamines and Intensive Treatment
Finding B-2-1:
Finding B-2-2:
Finding B-2-3:
Finding B-2-4:
Methamphetamine has such a profound effect on
the brain that outpatient treatment, even if
extended or intensive, is often not sufficient to deal
successfully with the addiction. [X4, X9, 3C]
Some offenders report the prospect of losing
custody of a child is often the point at which a
methamphetamine-addicted woman is ready to
accept intervention, particularly if there is a facility
available where both she and the child can receive
the intensive assistance necessary to rebuild their
lives. [X4]
Oklahoma has only about 50 placements for long-term
intensive treatment where a child or children
can be with the mother. [X7]
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12
Report of the Special Task Forcefor Women Incarcerated in Oklahoma
Recommendation B-2-1 : The Legislature should fund establishment
of more long-term intensive treatment placements for women and
their children for use in appropriate cases.
Recommendation B-2-2: The Legislature should encourage
DMHSAS in its efforts to help treatment providers implement best
practices in both outpatient and residential programs across the state.
C. Rehabilitative Efforts while Offenders are Incarcerated
Finding C-l :
Finding C-2:
Finding C-3:
DOC reports more than 530 incarcerated female
offenders in need of substance abuse treatment are
awaiting a treatment program. [DOC information
provided December 22,2003]
DOC reports more than 277 incarcerated female
offenders in need of education await an education
program, and that more than 252 female prisoners
await vocational training. [DOC information
provided December 22, 2003]
There is a limited number of employment
opportunities for women upon release from prison.
Recommendation C-l: DOC and DMHSAS should continue their
collaboration to provide substance abuse treatment to those who are
incarcerated as well as provide adequate follow-up and aftercare upon
release.
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13
Report of the Special Task Force for Women Incarcerated in Oklahoma
D. Reintegration Efforts after Incarceration
Finding D-l : The Task Force has discovered very few efforts in
Oklahoma to provide structured support for male
or female offenders attempting to establish healthy
lives post-release.
Finding D-2: Obstacles faced by women attempting to establish
healthy lives post-release are sometimes
formidable. [X3 and X4. See also XIO.]
Recommendation D-l: DOC should be supported in its efforts to
facilitate successful reintegration of offenders into society.
Recommendation D-2: The Legislature should study the scope of fees
and restitution requirements placed on offenders to consider whether
the debts faced by the offenders on release (particularly the debts of
women who have minimal education, job skills, and work experience)
are barriers to their successful reintegration into society.
OCJRC 12-30-03
II'"~Al'.E£:;" 14
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Appendix A
• List of documents referenced by the Task Force
• Definitions of Terms
Appendix is also available on the OCJRC Internet web site at: www.ocjrc.netlpublications.asp
SPECIAL TASK FORCE FOR WOMEN INCARCERATED IN OKLAHOMA
REFERENCE LIST
First Meeting:
Items distributed by OCJRC staff:
lA U.S. Dept. of Justice, Bureau of Justice Statistics. "2001 Female Incarceration
Rates (Rank) Per 100,000 Population" (a graphic prepared by Oklahoma Data
Analysis & Statistics Unit of the Oklahoma Department of Corrections).
IB Oklahoma Department of Corrections. "Total Crime Rate Per 100,000 -
Incarceration Rate Per 100,000" (chart for the years 1974 through 2001).
lC U.S. Dept. of Justice, Bureau of Justice Statistics. Sourcebook of Criminal
Justice Statistics 2001, page 501: "Female Prisoners Under Jurisdiction of
State and Federal Correctional Authorities."
ID Oklahoma Criminal Justice Resource Center. 2003. Oklahoma Sentencing
Commission: Felony Sentencing in 2001.
IE Sandhu, Harjit S., Hmoud Salem Al-Mosleh, and Bill Chown. "Why Does
Oklahoma Have the Highest Female Incarceration Rate in the U.S.? A
Preliminary Investigation." Oklahoma Criminal Justice Research Consortium
Journal, Vol. 1: August 1994.
<http://www.doc.state.ok.usIDOCS/OCJRC/OCJRC94/940650c.htm>
Oklahoma Department of Corrections items distributed by Debbie Mahaffey, Deputy
Director, DOC:
IF "Female Offender Management Work Summary for Fiscal Year 2002."
IG "Facts at a Glance" ["a monthly snapshot of the department's population,
programs, inmate demographics, and much more"]. May 30, 2003.
IH "Survey of Oklahoma Department of Corrections Female Offenders
Conducted in September 2002."
11 "Inmate Profile for End of Month Population for December 2002."
IJ "Female Receptions as a Percent of All Receptions from FY 1980 through FY
2002."
Second Meeting:
Items distributed by OCJRC staff:
2A OCJRC. July 18, 2003. "Drug Courts." A list of existing and planned drug
courts, by county, and a set of charts and graphs as follows:
Gender at Entry
Gender by County
Drug Court Status by Gender
2
Race at Entry by Gender
Children of Participants at Entry
Education at Entry by Gender
Employment at Entry
Income at Entry
Mean ASI Scores at Entry for All Participants
Number of Prior Felonies for All Participants
Top Five Felonies for Males and Females
Top Four Drugs of Choice
Outcomes
Full-Time Employment Among Graduates
Mean Income among Graduates Only
Mean Education Among Graduates Only
Mean ASI Scores for Graduates Only
Comparison of Re-Arrest Among Drug Court Graduates and Traditional
Probation Offenders
Re-Arrest of Drug Court Graduates After 36 Months.
2B OCJRe. "Drug Offenders to Prison by Gender 2001." A chart prepared July
30,2003.
2C OCJRC. 2003. "Oklahoma Sentencing Commission: Recommendations to
the Legislature about Felony Sentencing."
2D Moon, Dreama G., Garry L. Robison, Olayemi D. Akande, and Beverly
Fletcher. 1994. "Substance Abuse Among Female Prisoners in Oklahoma."
Oklahoma Criminal Justice Research Consortium Journal Vol. 1: August
1994.
Third Meeting:
3A OCJRC. "Statewide Criminal Justice Flow Chart, 2001." August 19,2003.
3B OCJRe. "Requested Information on Drug Courts." August 19,2003.
3C Oklahoma Department of Corrections, Division of Community Corrections.
Set of various items distributed, and comments by Justin Jones, Division
Director, August 20,2003.
3D OCJRe. "Future Meeting Topics and Information/Questions to be Addressed.
August 19,2003.
Fourth Meeting:
4A Analysis of the Oklahoma Criminal Justice System Process
1. Overview
a. Female, Male, and Total Incarceration - Oklahoma v. U.S.
b. Total Incarceration Rates 1993-2002 - Oklahoma v. U.S.
c. Female Incarceration Rates 1993-2002 - Oklahoma v. U.S.
3
d. Criminal Justice System Process Flow Chart
2. Arrest Data
a. Oklahoma v. U.S. Total 1990-2001
b. Oklahoma v. U.S. Total 1990-2001 - Female
c. Oklahoma v. U.S. Total 1990-2001 - Male
d. Oklahoma Arrests by Offense and Gender - 2001
e. Drug Arrests by Gender in Oklahoma 1990-2001
f. Oklahoma Drug Possession Arrests by Category and Gender
g. State Comparisons on Female Arrests and Incarceration
3. Felony Sentencing Data
a. Offense Types Among all Convictions
b. Sentence Types by Gender - Oklahoma v. U.S.
c. Offense Types Among all Prison Receptions
d. Sentence Lengths Among Prisoners by Offense Types and Gender -
Oklahoma v. U.S.
e. Drug Crime Prison Receptions by Gender 1990-2002
f. Drug Crime Prison Receptions Relative to Drug Crime Arrests
g. Drug Types for Possession of CDS by Gender
h. All Felony Convictions by Gender and Race
1. All Prison Receptions by Gender and Race
J. Plea Rates by Gender
k. Analysis of First-Time Felony Offenders Sentence to Prison by Gender
4. Prison Population Data
a. Drug Offenders as a Percentage of Prison Receptions and Prison
Population: Oklahoma, Selected States, and U.S.
b. Inmate Population per 1,000 Nonviolent, Violent, and Total Index Crimes
c. Female Incarceration Rates by County
5. Female Percentage of Totals at Various Stages in the Oklahoma Criminal
Justice System 2001.
4B Oklahoma Department of Corrections. "Approved Program Information."
August 2003.
Fifth Meeting:
SA Sharp, Susan F., Ph.D., and Susan T. Marcus-Mendoza, Ph.D. "Female Drug
Offenders in Oklahoma." October 1,2003.
SB OCJRe. September 30,2003:
Female Index Crime Arrests 2001: Oklahoma vs. U.S., Violent and Non-
Violent.
4
Male Index Crime Arrests 2001: Oklahoma vs. U.S., Violent and Non-
Violent.
Adult Female Index Crime Arrest Rates, 2001: Oklahoma vs. U.S.,
Violent and Non-Violent.
Percent of Time Served in Prison by Selected Offenses and Gender (Based
on 6043 prison releases in FY 2003).
8A Rate of Female Inmates in State Prison and Local Jails in June, 2001: High
vs. Low Female Incarceration Rates.
8B Rate of Female Inmates in State Prison and Local Jails in June, 2001:
Oklahoma vs. Regional States.
8C Annual Taxpayer Cost of Incarceration for Female vs. Male Inmate [including
medical costs].
8D Annual Taxpayer Cost of Incarceration for Female vs. Male Inmate [including
social service costs as well as medical costs].
8E Trends in Statewide Prison Population and Mental Hospital Population.
8F Percent Change in State Appropriations to Selected Agencies FY '97 - 'FY 04.
Sixth Meeting:
6A Oklahoma Department of Human Services. October 22, 2003. "Women in
Prison."
6B Covington, Stephanie S., Ph.D. 2003. "Guiding Principles for a Gender-
Responsive System of Care" and "Strategies for Implementation" from NIC
Project: Gender-Responsive Strategies: Research, Practice, and Guiding
Principles for Women Offenders.
Seventh Meeting:
7A OCJRc. "State Comparisons of Substance Abuse and Criminal Justice
Expenditures." November 12, 2003.
7B Vera Institute of Justice. "Female Offenders: An Overview of State
Responses." November 12,2003.
Eighth Meeting:
5
LIST OF OTHER ITEMS REFERRED TO IN
FINDINGS AND RECOMMENDATIONS
Xl "Study finds Hundreds of Thousands of Inmates Mentally Ill." The New York
Times, October 22,2003.
X2 Powitzky, Robert J., Ph.D. Oklahoma Department of Corrections Mental
Health Services Fact Sheet. January 2003.
X3 National Institute of Corrections (NIC) Training Program held September 23-
26,2003, at Oklahoma City, OK
X4 Comments by Stephanie S. Covington, Ph.D., when speaking to the Task
Force October 22,2003.
X5 Comments by personnel of the Vera Institute of Justice when speaking to the
Task Force November 12,2003.
X6 Letter of July 16, 2003, from N. Ann Lowrance, Executive Director, Project
Safe, Inc., Shawnee, Oklahoma, to Rep. Barbara Staggs citing several studies
regarding victimization of women prior to incarceration. (Distributed to the
Task Force at the July 30,2003, meeting.)
X7 Oklahoma Department of Mental Health and Substance Abuse Services.
"Substance Abuse Programs Bed Utilization Report" for the week ending
October 25,2003.
X8 "Jailing of Mentally III on Rise." Tulsa World, November 20,2003.
X9 Comments by Eagle Ridge Institute Guthrie facility staff and residents during
October 2,2003, visit by the Task Force, Chair, one other member, and two
Task Force staff.
XIO Boo, Katherine. "The Marriage Cure." The New Yorker. August 18,2003.
Xll Snyder, Carmel Perez. "Foster Care Rate Linked to Factors." The Daily
Oklahoman. June 11,2003.
Felony Sentencing Data Definitions
Deferred - includes a probation sentence typically for first time, non-violent offenders, whereby once the sentence is completed, the offender's record is expunged.
Suspended - includes a prison sentence that has been suspended, allowing the offender to serve the sentence under probation (usually under DOC supervision).
Community Sentence - An alternative sanction program created in 2000 and administered by DOC through local planning councils.
Drug Court - An alternative sanction program created in 1997 and administered by DMHSAS though a local team, usually headed by a judge.
Jail Term - includes all offenders who are sentenced to jailor a jail split.
-Jail - includes all offenders sentenced to county jails. Once the offender has completed his/her sentence, he/she is released.
-Jail Split - includes both a period to be served in the county jail and a period on probation, which may be suspended or deferred. Once the offender has completed his/her time
in the county jail, he/she is released to probation for the remainder of the sentence.
Prison Term - includes all offenders who are sentenced to prison or a prison split sentence.
-Prison - includes all offenders sentenced to the Department of Corrections in a state correctional facility. Once the offender has completed his/her sentence, he/she is
released without supervision. Paroled inmates are supervised until their sentence expires.
-Prison split - includes both a period to be served with the Department of Corrections in a state correctional facility and a suspended probation sentence. Once the offender
has completed his/her sentence in prison, he/she is released to probation for the remainder of the sentence.
Offense Category Definitions: Offenses included in each offense category that are not already indicated such as Drug Possession, DUI, Burglary II, Drug Distribution, Drug Manufacture, and
Drug Trafficking are as follows (not an exclusive list):
Deadly Sins - includes Murder I, Murder II, Manslaughter I, Assault and Battery with a Deadly Weapon, Drive-by Shooting, Shoot with Intent to Kill, Attempt to Kill by Administering Poison,
Robbery With a Dangerous Weapon, Robbery by Force or Fear, Conjoint Robbery, Rape I, Arson I, Burglary I, Bombing, Child Abuse and Sexual Abuse, Forcible Sodomy, Child Pornography,
Child Prostitution, and Lewd Acts with a Minor.
Drug Other - includes Obtaining Drugs by Fraud, Cultivation, Maintain a Place Where Drugs Are Kept, and Possession of Precursor Substances.
Fraud - includes Embezzlement, Obtaining Property by False Pretense, Bogus Checks, and Forgeries.
Larceny - includes Grand Larceny, Shoplifting, and Larceny of Auto.
Assault Other - includes Domestic Abuse and Assault/Battery on a Police Officer.
Sex - includes Indecent Exposure and Failure to Register as Sex Offender.
Weapon Nonviolent - includes Possession of a Firearm After a Felony Conviction and Possession of a Sawed-off Shotgun.
Other Nonviolent - includes all nonviolent offenses not already accounted for in other categories.
Other Violent - includes all violent offenses not already accounted for in other categories.
Rape - includes Rape II and Rape by Instrumentation.
Assault Violent - includes Assault and Battery with a Dangerous Weapon, Manslaughter II, Maiming and Kidnapping, and Assault with Intent to Commit a Felony.
Weapon Violent - includes Pointing a Firearm and Use of a Firearm in the Commission of a Felony.
Arson- includes Arson II through IV.
Violent Offenses- offenses defined by 57 O. S. 571.

W 4000.3 R425s 2004 c. 3
State of Oklahoma
Report of the
Special Task Force for
Women Incarcerated
in Oklahoma
created by SB 810 of 2003 Legislative Session
January 2004
State of Oklahoma
Special Task Force for
Women Incarcerated in~. Oklahoma
(Created by S.B. 810 of 2003 Legislative Session)
REPORT
to the
Governor
President Pro Tempore of the Senate
and
Speaker of the House of Representatives
January 5, 2004
Mary Fallin
Lieutenant Governor
State of Oklahoma
Office of the Lieutenant Governor
Oklahoma City
January 14,2004
The Honorable Governor Henry, President Pro Tempore Hobson, and Speaker Adair:
As required by Senate Bill 810 the Special Task Force on Women Incarcerated is
transmitting this report that was agreed upon by a majority of the members. Although it
is important to note that not all of this report received universal support, I want to take
this opportunity to commend the efforts and input of all task force members, the many
concerned Oklahomans who voiced their opinions throughout the process, and the staff of
the Oklahoma Criminal Justice Resource Center that dedicated a tremendous amount of
time and expertise. Also, I would be remiss if I did not specifically give thanks to the
leadership that Senator Dick Wilkerson provided as Vice-Chair.
Respectfully,
Mary Fallin
Lieutenant Governor
Chair
2300 North Lincoln Blvd.• Room 211. State Capitol Building. Oklahoma City. Oklahoma' 73105-4890 • (405) 521-2161 • FAX(405) 525-2702
n
\,1 recycled paper
TABLE OF CONTENTS
General Introduction 1
Findings and Recommendations: 3
Introduction;
The Present Criminal Justice System: Findings and Conclusions; 5
Recommendations for Change 7
Opening Statement of Underlying Idea
A. Diverting Women from Becoming Offenders 7
Part One: Mental Illness
Part Two: Physical and Sexual Abuse and Domestic Violence
Part Three: Background Factors for Female Drug Users
B. Alternatives within the Criminal Justice System 10
Part One: Costs: Incarceration vs. Drug Court and Community
Sentencing
Part Two: Methamphetamines and Intensive Treatment
C. Rehabilitative Efforts while Offenders are Incarcerated 13
D. Reintegration Efforts after Incarceration. 14
Appendix A: 15-22
List of References
Definitions of Terms
AppendixB:
SB 810
Meeting Notices/Agendas
Minutes
Documents Distributed
23-340
This publication, printed by the Department of Central Services, Central Printing Division, is issued by the Commission on
the Status of Women as authorized by Section 669 of Title 74 of the Oklahoma Statutes and Section 2 of Senate Bill 810 of
the 2003 Legislative Session. Four Hundred Twenty-five (425) copies have been prepared and distributed at a cost of
$4,896. Copies have been deposited with the Publications Clearinghouse of the Oklahoma Department of Libraries.
Report of the Special Task Force for Women Incarcerated in Oklahoma
GENERAL INTRODUCTION
Senate Bill No. 810 of the 1st Session of the 49th Oklahoma Legislature (2003) created
the Special Task Force for Women Incarcerated in Oklahoma. A copy of SB 810 is
included in Appendix B to this Report.
• Hon. Mary Fallin, Lieutenant Governor
• Senator Daisy Lawler, appointed by the President Pro Tempore of the Senate
• Senator Dick Wilkerson, appointed by the President Pro Tempore of the Senate
• Rep. Ron Kirby, appointed by the Speaker of the House of Representatives
• Rep. Barbara Staggs, appointed by the Speaker of the House of Representatives
• Hon. Linda Morrissey, Tulsa County District Court Judge, designee of the
Director of the Oklahoma Criminal Justice Resource Center
• Suzanne McClain Atwood, Executive Coordinator, District Attorneys Council
• Debbie Mahaffey, designee of the Director of the State Department of Corrections
• Jean Derry, designee of the Director of the Oklahoma Department of Human
Services
• Debbe Leftwich, Chair, Oklahoma Commission on the Status of Women
• Bernice Mitchell, Vice-chair, Oklahoma Commission on the Status of Women
Pursuant to SB 810, the following 11 persons served as members:
The Task Force met in open meeting nine times at the State Capitol: July 9, July 30,
August 20, September 10, October 1, October 22, November 12, December 2-3, and
December 17, 2003. Notices and agendas were posted in advance at the meeting place
and filed with the Secretary of State. The general public was afforded the opportunity to
comment at Public Forums that were included on the agendas for July 30, August 20,
September 10, October 1, October 22, and November 12. Copies of the notices and
agendas are included in Appendix B to this Report, as are Minutes of the meetings.
At the first meeting, July 9, 2003, the members elected Lt. Gov. Fallin as Chair and Sen.
Dick Wilkerson as Vice-chair.
As directed by SB 810, the Oklahoma Criminal Justice Resource Center staffed the Task
Force, under the direction ofK.C. Moon, Director. However, several other agencies and
organizations and their leaders also provided substantial and essential information,
including the Departments of Corrections, Human Services, Mental Health & Substance
Abuse Services, the District Attorneys Association, the Oklahoma Indigent Defense
System, and the Vera Institute of Justice. Drs. Susan Sharp, Susan Marcus-Mendoza, and
Stephanie Covington graciously provided their expertise. The Task Force also benefited
from the interest, comments, and suggestions of representatives of numerous other
organizations and the general public.
This Report, including Appendices A and B, may be viewed on the Internet web site of
the Oklahoma Criminal Justice Resource Center: http://www.ocjrc.netlPublications.asp
II~g:i~I ~~a
.. IJu..snce I :EtoSOU1"CC 1 C'oaaecc- -----------------------------------------------------
FINDINGS AND RECOMMENDATIONS
of the
Special Task Force for
Women Incarcerated in Oklahoma
Introduction
The mISSIOn of the Special Task Force for Women Incarcerated in
Oklahoma as mandated in Senate Bill No. 810 of 2003 was to determine
the causes of Oklahoma's high female incarceration rate. Oklahoma's
female incarceration rate of 131 per 100,000 female population is 143%
higher than the U.S. average and has led the nation at least since 1993.
Research reviewed by the Task Force suggests that the following findings
are possible causes of Oklahoma's high female incarceration rate.
• Oklahoma's 2001 total female arrest rate was 54% higher than
the U.S. total female arrest rate and has increased by 25% since
1990.
• States such as Maine, Minnesota, Missouri, and Arkansas have
higher total female arrest rates and Uniform Crime Report
Index arrest rates than Oklahoma. However, their female
incarceration rates are between one-half and one-tenth of
Oklahoma's rates.
• The largest discrepancy between Oklahoma and other states in
the area of female arrests and incarceration is in drug-related
cnmes.
• Oklahoma's 2001 female drug arrest rate was 116% higher than
the U.S. female drug arrest rate and has increased by 152%
since 1990.
~O~k~~l,u~:,h'O~J'~lJA"C---e-------------------~ 3
CA"" n~:.O:I·
Report of the Special Task Force for Women Incarcerated in Oklahoma
• Oklahoma's percentage of prison receptions due to drug
possession is twice the national average at 27.5% for females
and 18.2% for males. The U.S. average is 12.9% for females
and 8.9% for males.
• Females in Oklahoma experienced a 125% increase in the
number of prison receptions for drug crimes from 1990-2002.
• Low incarceration states spend more for state-supported alcohol
and other drug abuse treatment programs than high
incarceration states. Oklahoma's per capita expenditure for
state-supported alcohol and other drug abuse treatment
programs at $6.06 is 117% less than the U.S. average at $13.17.
• There is a link between lower probation spending on offenders
and higher female incarceration rates. States that incarcerate
the most women spend consistently less than average on
probation costs. Oklahoma spends $2.04, half the U.S. average
of$4.37 for probation/parole cost per offender per day.
• There is a correlation between lower spending on judicial and
legal services and higher female incarceration rates. States that
incarcerate the most women spend consistently less than
average on courts, prosecutors, and criminal defense.
Oklahoma spends 71% less than the U.S. average.
Irnl 'r~:;:.~:~:~~~~-'c-.~-c-¥--l"-------------------
4
Report of the Special Task Force for Women Incarcerated in Oklahoma
The Present Criminal Justice System:
Findings and Conclusions
Finding 1:
Finding 2:
Finding 3:
Finding 4:
Finding 5:
Finding 6:
Finding 7:
Finding 8:
The Task Force finds no bias against women in statewide
felony sentencing practices.
Although the Oklahoma female prison incarceration rate
of 131 per 100,000 female residents in 2002 is the
highest in the nation, females comprise 10% (2,363 of
23,006) of the prison population as of June 30, 2003.
[4A, pp. 2 and 31]
Oklahoma females sentenced to prison are not likely to
be first-time offenders. [4A, p. 26]
Females were about half as likely as males to be
sentenced to prison, and among all felony sentences
given, the sentences of females were slightly shorter (11
months) than the sentences of males. [4A, pp. 15 and 18]
Oklahoma has increased the time served by violent
offenders. [lA, page 16; 4A, page 18]
By using drug courts and probation more frequently for
women, the Oklahoma criminal justice system is at least
partially recognizing the special needs and lesser risk
posed by female offenders. [2A]
Females represent 10% of the prison population, yet they
are 21.6% of the inmates granted parole or commutation.
[4A, p. 31]
Incarceration of females often costs more than
incarceration of males for two reasons: (1) females are
more likely to need medical care in prison, and (2)
female inmates are more likely to be custodial parents,
and society pays more to care for their children. All told,
taxpayers spend 31% more to lock up the average female
than the average male. [8C and 8D]
Ulr;I (l.ht.jC.:.n •.•.. c·c -------------------------
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(;eJ)"tA~'"
8
Report of the Special Task Forcefor Women Incarcerated in Oklahoma
Recommendation A-2-3: The Administrative Office of the Courts
should emphasize educational opportunities for the judiciary on the
subject of domestic violence and on managing female offenders.
Part Three: Background Factors for Female Drug Users
Finding A-3-1:
Finding A-3-2:
Finding A-3-3:
Finding A-3-4:
The total adult female drug arrest rate for
Oklahoma increased by 152% from 1990 through
2001. [4A, p. 10]
Oklahoma's high correlation between increases in
arrests of females and increases in imprisonment
of females seems to be isolated to drug-related
offenses. [4A, pp. 12 and 20]
There is little evidence that sanctions without
treatment deter drug-addicted offenders from re-offending.
When compared with other states, Oklahoma
underutilizes jail sentences as an intermediate
punishment between probation and imprisonment
for female offenders: Oklahoma uses jail
sentences for felony offenders at half the national
percentage. [4A, p. 14; 8A; 8B]
Recommendation A-3-1: Policymakers should consider enhancing
treatment for offenders who are addicted to drugs or alcohol.
Policymakers may need to develop creative and effective alternatives
to imprisonment, as well as enhance treatment services within prisons
and jails.
Iml Ir~II..~!~;~~'i~tg~i!,:;:(1~-n-J)'tA~I·
10
Report of the Special Task Force for Women Incarcerated in Oklahoma
Finding B-I-7: 79.9% of women imprisoned in Oklahoma are
serving sentences for non-violent crimes. [II]
Finding B-I-8: The re-arrest rate for female drug court graduates
is 14.2% whereas the re-arrest rate for female
traditional probation offenders is 31%. [3B]
Finding B-I-9: The prison cost per year for female offenders in
Oklahoma is $19,847 per offender (about 10%
higher than for male offenders) whereas drug court
and community sentencing alternatives cost one-fourth
that amount or less. [3C; 8C]
Finding B-l-l 0: Current funding at about $2,000 per offender for
drug court and $1,100 per offender for community
sentencing, which is less than actual cost, is
limiting the use of drug courts and community
sentencing. If fully funded, these options could
handle offenders with more needs and many who
are otherwise prison bound.
Finding B-l-ll : The Oklahoma Sentencing Commission recently
completed an analysis of alternatives to
incarceration and provided the Legislature with a
set of sentencing recommendations. [2C]
Recommendation B-l-l: More drug courts should be established and
expanded.
Recommendation B-I-2: The state should fund expansion and
establishment of drug court services as rapidly as DMHSAS can
certify that qualified drug treatment providers are available to support
new drug court services.
Recommendation B-I-3: The state should continue to fund efforts to
find, perfect, and utilize assessment tools that can determine more
accurately the kind and level of treatment to which substance-abusing
women are likely to respond.
h::.IH,bo •.u~
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11
Drug court data shows that, although alcohol
(39%) still is the addictive substance most often
used by men in Oklahoma, for women,
methamphetamine (37%) is the drug of choice.
For persons sentenced to prison for controlled
dangerous substance (CDS), methamphetamine
was the predominant drug type for both males
(51%) and females (60%). [2A, p.6; 4A, p. 22]
Report of the Special Task Force for Women Incarcerated in Oklahoma
Recommendation B-1-4: The Legislature should consider removing
any barriers that prevent judges from sentencing offenders convicted
of the lesser drug-related offenses to drug court.
Recommendation B-1-5: To the extent that resources are available,
female offenders who have been convicted of the lesser drug-related
offenses should be channeled into drug court and community
sentencing programs, when appropriate, rather than be sent to prison
or placed on traditional probation.
Part Two: Methamphetamines and Intensive Treatment
Finding B-2-1:
Finding B-2-2:
Finding B-2-3:
Finding B-2-4:
Methamphetamine has such a profound effect on
the brain that outpatient treatment, even if
extended or intensive, is often not sufficient to deal
successfully with the addiction. [X4, X9, 3C]
Some offenders report the prospect of losing
custody of a child is often the point at which a
methamphetamine-addicted woman is ready to
accept intervention, particularly if there is a facility
available where both she and the child can receive
the intensive assistance necessary to rebuild their
lives. [X4]
Oklahoma has only about 50 placements for long-term
intensive treatment where a child or children
can be with the mother. [X7]
Olcln.honu:t·
Cr.i.J.U.ino.1
~::!~~~C--
Oklahoma Department of Corrections items distributed by Debbie Mahaffey, Deputy
Director, DOC:
IF "Female Offender Management Work Summary for Fiscal Year 2002."
IG "Facts at a Glance" ["a monthly snapshot of the department's population,
programs, inmate demographics, and much more"]. May 30, 2003.
IH "Survey of Oklahoma Department of Corrections Female Offenders
Conducted in September 2002."
11 "Inmate Profile for End of Month Population for December 2002."
IJ "Female Receptions as a Percent of All Receptions from FY 1980 through FY
2002."
Second Meeting:
Items distributed by OCJRC staff:
2A OCJRC. July 18, 2003. "Drug Courts." A list of existing and planned drug
courts, by county, and a set of charts and graphs as follows:
Gender at Entry
Gender by County
Drug Court Status by Gender
2
Race at Entry by Gender
Children of Participants at Entry
Education at Entry by Gender
Employment at Entry
Income at Entry
Mean ASI Scores at Entry for All Participants
Number of Prior Felonies for All Participants
Top Five Felonies for Males and Females
Top Four Drugs of Choice
Outcomes
Full-Time Employment Among Graduates
Mean Income among Graduates Only
Mean Education Among Graduates Only
Mean ASI Scores for Graduates Only
Comparison of Re-Arrest Among Drug Court Graduates and Traditional
Probation Offenders
Re-Arrest of Drug Court Graduates After 36 Months.
2B OCJRe. "Drug Offenders to Prison by Gender 2001." A chart prepared July
30,2003.
2C OCJRC. 2003. "Oklahoma Sentencing Commission: Recommendations to
the Legislature about Felony Sentencing."
2D Moon, Dreama G., Garry L. Robison, Olayemi D. Akande, and Beverly
Fletcher. 1994. "Substance Abuse Among Female Prisoners in Oklahoma."
Oklahoma Criminal Justice Research Consortium Journal Vol. 1: August
1994.
Third Meeting:
3A OCJRC. "Statewide Criminal Justice Flow Chart, 2001." August 19,2003.
3B OCJRe. "Requested Information on Drug Courts." August 19,2003.
3C Oklahoma Department of Corrections, Division of Community Corrections.
Set of various items distributed, and comments by Justin Jones, Division
Director, August 20,2003.
3D OCJRe. "Future Meeting Topics and Information/Questions to be Addressed.
August 19,2003.
Fourth Meeting:
4A Analysis of the Oklahoma Criminal Justice System Process
1. Overview
a. Female, Male, and Total Incarceration - Oklahoma v. U.S.
b. Total Incarceration Rates 1993-2002 - Oklahoma v. U.S.
c. Female Incarceration Rates 1993-2002 - Oklahoma v. U.S.
3
d. Criminal Justice System Process Flow Chart
2. Arrest Data
a. Oklahoma v. U.S. Total 1990-2001
b. Oklahoma v. U.S. Total 1990-2001 - Female
c. Oklahoma v. U.S. Total 1990-2001 - Male
d. Oklahoma Arrests by Offense and Gender - 2001
e. Drug Arrests by Gender in Oklahoma 1990-2001
f. Oklahoma Drug Possession Arrests by Category and Gender
g. State Comparisons on Female Arrests and Incarceration
3. Felony Sentencing Data
a. Offense Types Among all Convictions
b. Sentence Types by Gender - Oklahoma v. U.S.
c. Offense Types Among all Prison Receptions
d. Sentence Lengths Among Prisoners by Offense Types and Gender -
Oklahoma v. U.S.
e. Drug Crime Prison Receptions by Gender 1990-2002
f. Drug Crime Prison Receptions Relative to Drug Crime Arrests
g. Drug Types for Possession of CDS by Gender
h. All Felony Convictions by Gender and Race
1. All Prison Receptions by Gender and Race
J. Plea Rates by Gender
k. Analysis of First-Time Felony Offenders Sentence to Prison by Gender
4. Prison Population Data
a. Drug Offenders as a Percentage of Prison Receptions and Prison
Population: Oklahoma, Selected States, and U.S.
b. Inmate Population per 1,000 Nonviolent, Violent, and Total Index Crimes
c. Female Incarceration Rates by County
5. Female Percentage of Totals at Various Stages in the Oklahoma Criminal
Justice System 2001.
4B Oklahoma Department of Corrections. "Approved Program Information."
August 2003.
Fifth Meeting:
SA Sharp, Susan F., Ph.D., and Susan T. Marcus-Mendoza, Ph.D. "Female Drug
Offenders in Oklahoma." October 1,2003.
SB OCJRe. September 30,2003:
Female Index Crime Arrests 2001: Oklahoma vs. U.S., Violent and Non-
Violent.
4
Male Index Crime Arrests 2001: Oklahoma vs. U.S., Violent and Non-
Violent.
Adult Female Index Crime Arrest Rates, 2001: Oklahoma vs. U.S.,
Violent and Non-Violent.
Percent of Time Served in Prison by Selected Offenses and Gender (Based
on 6043 prison releases in FY 2003).
8A Rate of Female Inmates in State Prison and Local Jails in June, 2001: High
vs. Low Female Incarceration Rates.
8B Rate of Female Inmates in State Prison and Local Jails in June, 2001:
Oklahoma vs. Regional States.
8C Annual Taxpayer Cost of Incarceration for Female vs. Male Inmate [including
medical costs].
8D Annual Taxpayer Cost of Incarceration for Female vs. Male Inmate [including
social service costs as well as medical costs].
8E Trends in Statewide Prison Population and Mental Hospital Population.
8F Percent Change in State Appropriations to Selected Agencies FY '97 - 'FY 04.
Sixth Meeting:
6A Oklahoma Department of Human Services. October 22, 2003. "Women in
Prison."
6B Covington, Stephanie S., Ph.D. 2003. "Guiding Principles for a Gender-
Responsive System of Care" and "Strategies for Implementation" from NIC
Project: Gender-Responsive Strategies: Research, Practice, and Guiding
Principles for Women Offenders.
Seventh Meeting:
7A OCJRc. "State Comparisons of Substance Abuse and Criminal Justice
Expenditures." November 12, 2003.
7B Vera Institute of Justice. "Female Offenders: An Overview of State
Responses." November 12,2003.
Eighth Meeting:
5
LIST OF OTHER ITEMS REFERRED TO IN
FINDINGS AND RECOMMENDATIONS
Xl "Study finds Hundreds of Thousands of Inmates Mentally Ill." The New York
Times, October 22,2003.
X2 Powitzky, Robert J., Ph.D. Oklahoma Department of Corrections Mental
Health Services Fact Sheet. January 2003.
X3 National Institute of Corrections (NIC) Training Program held September 23-
26,2003, at Oklahoma City, OK
X4 Comments by Stephanie S. Covington, Ph.D., when speaking to the Task
Force October 22,2003.
X5 Comments by personnel of the Vera Institute of Justice when speaking to the
Task Force November 12,2003.
X6 Letter of July 16, 2003, from N. Ann Lowrance, Executive Director, Project
Safe, Inc., Shawnee, Oklahoma, to Rep. Barbara Staggs citing several studies
regarding victimization of women prior to incarceration. (Distributed to the
Task Force at the July 30,2003, meeting.)
X7 Oklahoma Department of Mental Health and Substance Abuse Services.
"Substance Abuse Programs Bed Utilization Report" for the week ending
October 25,2003.
X8 "Jailing of Mentally III on Rise." Tulsa World, November 20,2003.
X9 Comments by Eagle Ridge Institute Guthrie facility staff and residents during
October 2,2003, visit by the Task Force, Chair, one other member, and two
Task Force staff.
XIO Boo, Katherine. "The Marriage Cure." The New Yorker. August 18,2003.
Xll Snyder, Carmel Perez. "Foster Care Rate Linked to Factors." The Daily
Oklahoman. June 11,2003.
Felony Sentencing Data Definitions
Deferred - includes a probation sentence typically for first time, non-violent offenders, whereby once the sentence is completed, the offender's record is expunged.
Suspended - includes a prison sentence that has been suspended, allowing the offender to serve the sentence under probation (usually under DOC supervision).
Community Sentence - An alternative sanction program created in 2000 and administered by DOC through local planning councils.
Drug Court - An alternative sanction program created in 1997 and administered by DMHSAS though a local team, usually headed by a judge.
Jail Term - includes all offenders who are sentenced to jailor a jail split.
-Jail - includes all offenders sentenced to county jails. Once the offender has completed his/her sentence, he/she is released.
-Jail Split - includes both a period to be served in the county jail and a period on probation, which may be suspended or deferred. Once the offender has completed his/her time
in the county jail, he/she is released to probation for the remainder of the sentence.
Prison Term - includes all offenders who are sentenced to prison or a prison split sentence.
-Prison - includes all offenders sentenced to the Department of Corrections in a state correctional facility. Once the offender has completed his/her sentence, he/she is
released without supervision. Paroled inmates are supervised until their sentence expires.
-Prison split - includes both a period to be served with the Department of Corrections in a state correctional facility and a suspended probation sentence. Once the offender
has completed his/her sentence in prison, he/she is released to probation for the remainder of the sentence.
Offense Category Definitions: Offenses included in each offense category that are not already indicated such as Drug Possession, DUI, Burglary II, Drug Distribution, Drug Manufacture, and
Drug Trafficking are as follows (not an exclusive list):
Deadly Sins - includes Murder I, Murder II, Manslaughter I, Assault and Battery with a Deadly Weapon, Drive-by Shooting, Shoot with Intent to Kill, Attempt to Kill by Administering Poison,
Robbery With a Dangerous Weapon, Robbery by Force or Fear, Conjoint Robbery, Rape I, Arson I, Burglary I, Bombing, Child Abuse and Sexual Abuse, Forcible Sodomy, Child Pornography,
Child Prostitution, and Lewd Acts with a Minor.
Drug Other - includes Obtaining Drugs by Fraud, Cultivation, Maintain a Place Where Drugs Are Kept, and Possession of Precursor Substances.
Fraud - includes Embezzlement, Obtaining Property by False Pretense, Bogus Checks, and Forgeries.
Larceny - includes Grand Larceny, Shoplifting, and Larceny of Auto.
Assault Other - includes Domestic Abuse and Assault/Battery on a Police Officer.
Sex - includes Indecent Exposure and Failure to Register as Sex Offender.
Weapon Nonviolent - includes Possession of a Firearm After a Felony Conviction and Possession of a Sawed-off Shotgun.
Other Nonviolent - includes all nonviolent offenses not already accounted for in other categories.
Other Violent - includes all violent offenses not already accounted for in other categories.
Rape - includes Rape II and Rape by Instrumentation.
Assault Violent - includes Assault and Battery with a Dangerous Weapon, Manslaughter II, Maiming and Kidnapping, and Assault with Intent to Commit a Felony.
Weapon Violent - includes Pointing a Firearm and Use of a Firearm in the Commission of a Felony.
Arson- includes Arson II through IV.
Violent Offenses- offenses defined by 57 O. S. 571.